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HomeMy WebLinkAbout1985-08-26 85-294 RESOLVEAMENOEo BY SUBSTITUTE COM 85-294 CITY OF BANGOR (TIRE.) E�lishhg Aevesesent Rolicy - streets s sewers - fygq> __ stilla_ter_Capiwan F Henleck_Ug&C SuWivisio :s_.� !s_ .:,e.. J ., lwwaCay cammaa£wnaawDOHa.: C/ &ESDLV6D, h1R:FEAS, the City staff and City Council are currently reviewing to City's policies regarding ms:icipal participation in the test of attests and sewers for sutivisicn development in the City of Bangor; arca UHEREeAS, there ata (3) panding subdivision projects in varying stages of develc�ent, t wit: Pins-Meaduvs, Stillwater Gardens and %dock Ridge Subdivisions; and WHEREAS, the City Council has determined it to be in the general public. interest and in the interest of the inhabitants of the City of Bangor for the City to tvnstruct said streets and sewers and t participate, in part, in the construction costs thereof; and W�REi S, the City Council wishes t-estatlish a uni£ovn assessment folicy for the assessment of the developsts' share of said construction costs for each of mid subdivisions.- NOW, THEREFORE, BY THE CM CWNCIL OF THE CITY OF B.VNCR BE IT RFSOLYED THAT the City participate financially in the wets of construction of streets and sewers in the Pisa -Bassoons, Stillwater Gardens and Hanlwk Ridge Subdivisions, subject to the following: (1) That the City shall construct, either by its employees or its agents, all streets and sewer in said subdivisions. (2) No new construction shall be m:menced until the developer has entenad into an agremrent with tte City, in a form approved by foe¢ City Solicitor, specifying tee terms and conditions under which the City will financially participate in mid projects. (3) 'That toe City stall participate in the street constructive vests at imus rate of 508 of the total mid costs, the remaining wet of Alen will to assessed to tle developer, as provided by law. (4) 'ghat tie City shall participate financially in the construction mats of sewers and drains in said projects at a maximm rate of 508 of said tests. .. Y s., (5) 1'hat paid sewer construction costs shall be assessed to the developer in acwrdance with 30 M.R.S.A, S 4352, 4451 at seg , and as otherwise provided by law. (6) That the payment of said street and sewer construction assessments shall be deferred for a maximum of (3) years from tie date(s) of assessment, that date to be established as the City Council's acceptance of the final cost report of the City Engineer, provided: a. Prior to assessment the developer enters into a written agreement with the City specifying the terms and conditions of said deferred payment; b. That as each lot is sold, all street and swear assesmments for said lot shall be paid. c. gnat on the first annual anniversary date of said assessments, the developer shall have paid ail much assessments on at least six lots. M the second amoral anniversary date of said as mens the developer shall have paid all such azsessmen[s on at least 6 additional lore. The payments received by th=_ City for assessments on lots sold as provided in paragraph b above shall be credited t6 the developer's liability for payments due on the - first and second annual anniversary dates. On the third annual anniversary data of said azpessments, the developer shall pay all remaining unpaid assessments, including interest, to the City. /07 a. Ghat interest at an annual rate of arse shall accrue and become a part of said assessments from the date of assessment to the dates of payment, said interest to be billed annually to coincide with the above anniversary dates. a. lfiat in the event the developer fails or refuses to comply:, with the payment requirements of this Resolve Ute City shall have the full right to recover interest at an annual rate of 126 from the date that the payment of that assessment is due, plus its costs, as provided under n M.R.S.A. S 3605 and 30 M.R.S.A. 5 4453, and to otherwise pursue its renedies. as provided by law to collect said azsessmenra. (7) That the, City's obligation to participate financially in the Stillwater Gardens and ff d Ridge subdivisions shall be subject to and only in the event that further action be taken by the City Council of the City of Bangor to appropriate or otherwise fund the costa of street and sewer construction in said subdivisions. Developer to pay all test of lighting. 94 August 26 ro9 Intuced by Councilw.Tilley, Avgcat 26, 1985 CITY OF BANGOR (TITLE.) gtWlbr..... establishing Assessment polrcy streets s Se ens _.Pira+.MeadGvs,.-SSillwater.Gaedex..&..Hevluck.8idge..9ibdiuisions._..: .,_—_.___......._.. By fhs Oft cm tiada My ofBn . MWLVED, Yd�RFPS, the City staff and City Connell are cnt ently revlewltg the City's policies regarding municipal participation in the cost of streets and sewers for subdivision development in the City of Bangor; and �, there are (3) pending subdivision projects in varying stages of development, to wit: Pine Meadows, Stillwater Gardens and Hemlock Ridge subdivisions and hlffinFPS, the City Coincil has determined it to he in the general public interest and in the interest of the inhabitants of the City of Bangor for the City c0 construct said streets and sewers and to participate, in part, in the construction coats thereof; and hHERFlS, the City Council wishes to establish a uniform assessment policy for the assessment of the developers' share of said co structim costs for each of said subdivisions. ISCt4, THEREFORE, BY THE CM COUNCIL OF THE CITY OF &IAYYJR BE IT RESOLVED THAT the City participate. financially in the Costs Of construction of streets and sewers in the fine Meadows, Stillwater Gardens and Hemlock Ridge Subdivisions, subject to the following: (1) 'That the City shall construct, either by its enployees or its agents, all streets and sewers in said suhdlvisic s. (2) No new construction shall be commenced until the developer has entered into an agreement with the City, in a Eons appro+ed by the City Solicitor, specifying the tens and Conditions under which the City will financially participate in said projects. (3) TTwt fbe City shall participate in fbe street Conatruction costs at a maxhnom rate of $5.75 per linear foot of roadway, the remaining test of whirls will be assessed to the developer, as provided by law. (4).1hat tte City shall participate financially in the constructim costs of sewers ard drains in said projects at a maxummn rate of 508 of said costs. q'(5) mzt said sewer construction costs shall be assessed to the developer in accordsncewith 30 M.R.S.A. S 4352, 4451 at seq , and as ` otherwise pmaided by law. (6) That the payment of said street and sewer construction assessaents shall he deferred for a maximum of (3) years from the date(s) of assessment, that date to be established as the City Council's acceptance of the final cost report of the city t gineer, provided: Prior to assessment the developer enters into a written agreement with the City specifying the terms and conditions of said deferred payment: b. That as each lot is sold, all street and sewer assessments for said lot shall be paid. That on the first annual anniversary, data of said asses vents, the developer shall have paid all such assessments on at least six lots. Cn the secoM annual ann rsary date of said assessments the developer shall have paid all such assessments on at least 6 additional lots. The payments received by the City for as menta on lots sold as provided in paragraph b above shall be credited to the developer's liability for payments due on the first and second annual anniversary dates. On the third annual anniversary, date of said asseasmnhs, the developer shall pay all remaining unpaid assessments, including interest, to the City. - d. Tbat interest at an annual rate of 8.58 shall accrue arcl become a part of said assessments from the date of assesairent to the dates of paymsnt, said interest to be billed annually to coincide with the above anniversary dates. e. 'Pat in the event the developer fails or refuses to amply with the payment requirements of this Resolve the City shall have the full right to recover interest at anmoral rate of 128 frau the date that the payment of thea s sent is due, plus its costs, as provided u 23 M.R.S.A. S 3605 and 30 M.R.S.A. 5 4453, and to otherwise pursue its renedies as provided by law to collect said assessments. (7) That the City's obligation to participate financially in the Stillwater Gardena and Hemlock Ridge subdivisions shall be subject to ani only in the event that farther action be taken by the city Council of the City of Bangor to appropriate or otherwise fund the costs of street and sewer construction in said subdivisions. H5-294 RESOLVE �� '85 AUG 21 %2 a9 In City Council August 26.1 9 Amended by eabatiiad OF H'JyE: dna Greeting einee meadow of s:; B/22/B5 HEMLOCK RIDGE'W'` AD e• I HAVE PUT SOME THOUGHTS ON PAPER, AND WOULD LINE TO REPO THESE TO YOU TODAY. I BOUGHT 26 ACRES ON BURLEIGH ROAD 27 YEARS AGO. I BUILT A HOME ON THEPROPERTYIN 1966, AND SHORTLY THEREAFTER y FILED A SUB -_DIVISION AND SOLD 4 HOUSE LOTS FROM FRONTAGE I OWNED ON BURLEIGH ROAD. AT THAT TIME WE HAD NO SEWER OR CITY WATER ON BURLEIGH ROAD, 50 I HAD SOME DESIGN WORK DONE FOR ACRE LOTS TO DEVELOP THE BACK LAND. IT PROVED ECONOMICALLY XNADVISABLE. THE YEAR /774 I JOINED WITH A PARTNER AND PURCHASED SUFFICIENT LAND FOR A 30 LOT SUBDIVISION IN LINGOLNt ME. WE PUT IN THE ROAD, SEWER AND WATER FOR B LOTS. THE TOWN ACCEPTED THE ROAD AND PAVED THE STREET. PAVING THE STREET WAS THE TOWN'S ONLY PARTICIPATION. WE BARELY GOT OUR MONEY BACK FROM THE EXPENDITURES REQUIRED FOR THE EIGHT LOTS. WE SOLD THE REMAINING SUBDIVISION UNDEVELOPED. -THERE HAS BEEN NO FURTHER EXPANSION FOR DEVELOPMENT TO THIS PROPERTY SINCE. DURING 1975 I HAD A PRELIMINARY PLAN COMPLETED AND APPROVED FOR A 30 -LOT SUBDIVISION ON BURLEIGH ROAD, THE SAME PROPERTY YOU RECENTLY HAD BEFORE YOU FOR A FINAL SUBDIVISION APPROVAL. ABOUT THIS SAME TIME I HAD CLEARING DONE FOR A 50 FT. ROAD-WAYO AND ALL STUMPS AND OBSTRUCTIONS HAULED FROM THIS 2000 -PLUS FT. OF PROPOSED ROAD. I STILLLDID NOT DARE RISK MY FAMILY'S SECURITY TO GB AHEAD WITH THIS PROJECT. IN RECENT YEARS I HAVE MADE SMALL ATTEMPTS TO INTEREST DEVELOPERS TO PURCHASE THE PROPERTY; BUT MOSTLY SINCE 1975 I HAVE DONE LITTLE EXCEPT CUT WOOD AND BURN THE BRUSH. IN MAY OF THIS YEAR 1985. WHEN THE BANGORNEWSMADE PUBLIC THE TERMS FOR DON SOUCY'S DEVELOPMENT I FIRST LEARNED THE CITY FUNDED DEVELOPMENTS. ALL IHAD BEEN TOLD WAS THE CITY PAYS 50% OF THE SEWER AND $5.25/FT. ON THE ROAD. I BELIEVE MR. FRAWLEY WILL REMEMBER ME VISITING HIM RIGHT AFTER I HAD READ THIS INFORMATION. HE ADVISED ME I WAS GIVEN EVERYTHING IN PRINT ON THE CITY^S POLICY FOR SUBDIVISIONS. THIS UNWRITTEN DISCRIMINATING PLAN OF PROVIDING FUNDING HAS LEFT ME ON THE SIDE -LINES WATCHING MY NEIGHBORS DEVELOP PROPERTY, TOTALLY UNAWARE INTEREST FREE MONEY WAS BEING FURNISHED TO COMPLETE ENTIRE PROJECTS. IF ANYONE THINKS HE ADVISED ME OF THE AVAILABILITY OF CITY FUNDING BEYOND WHAT IS IN PRINT, IT IS IMPORTANT HE SAY 50 AT THIS TIME. MY DEVELOPMENT COULD BE NEAR COMPLETION IF I HAD BEEN MADE AWARE THAT FUNDING WAS AVAILABLE.. GENTLEMEN, DOES THIS HELP MAKE IT CLEAR WHY I AM TODAY ASKING TO BE TREATED 'LIKE PREVIOUS DEVELOPERS4 IAPPRECIATE THE EFFORT THE COUNCIL HAS MADE TO HELP CORRECT THIS SYSTEM. EXCEPT FOR THE TIME ELEMENT, I APPROVE OF YOUR PLAN #4, BOTH FOR THE THREE PROJECTS BEFORE YOU AND FOR FUTURE DEVELOPMENTS. I BELIEVE THE "TIME FOR PAY -BACK" COULD BE .USED AS A TOOL TO BE EXTENDED OR RESTRICTED, AS RECOMMENDED BY THE CITY ENGINEER, TO CONTROL DEVELOPMENT AND THE FLOW OF FUNDS. WHATEVER TIME ELEMENT IMPOSED FOR PLAN #4, I WOULD HOPE, WOULD ALSO BE APPLIED TO THOSE ALREADY FUNDED PROJECTS, 50 THIS $500,000. NOW OUTSTANDING COULD HE USED TO HELP NEW DEVELOPERS. AND YES COUNCILOR TILLEY, IF YOU WISH TO STICK WITH THE OLD PLAN, IT I5 ONLY FAIR THAT INTEREST FREE FUNDING BE OFFERED TO. ME. THE $5.25 FOR THE ROAD CONSTRUCTION IB NOT FAIR AND EQUITABLE BECAUSE OF THE INFLATION FACTORS SINCE 1967 WHEN THIS FIGURE WAS ARRIVED AT. AND NO MR. TILLEY, THE TAX -PAYERS OF BANGOR ARE NOT BEING TAKEN ADVANTAGE OF WHEN WE ASK THE CITY TO PAN 50-% OF THE ROAD AND 50-% OF OF THE SEWER. BOTH OF THESE PUBLIC UTILITIES WILL ENDURE LONG BEYOND THE LIFE OF THE DEVELOPER. THE CITY GETS 100-% OF THE EXCISE TAX WE PAY TO REGISTER OUR VEHICLES, AS MONEY TO MAINTAIN READS. THEY ASSESS THE HOME -OWNER FOR USE OF THE SEWER, AND WILL ASSESS THE VALUE OF THE LAND FOREVER, AND THE HOMES THEREON. THE ONLY HARD DECISION YOU HAVE IS WHETHER THE CITY NEEDS NEW HOUSING DEVELOPMENTS AT THIS TIME BY DETERMINING THE AVAILABILITY OF ALREADY DEVELOPED LOTS, AND AT WHAT PACE THE FUNDING CAN BE FURNISHED. AND WHILE I HOPE I STILL HAVE YOUR ATTENTION, NEW DEVELOPMENT PROVIDES -A LOT FOR THE COMMUNITY IN THE WAY OF EMPLOYMENT, AND THE LOCAL'. ECONOMY. OUR ECONOMISTS TELL US A MILLION DOLLARS SPENT BY PRIVATE ENTERPRISE HAS A MULTIPLIER EFFECT OF 5 OR EQUAL TO 5 MILLION, BECAUSE OF THE VARIOUS SPENDING OF THE VARIOUS RECIPIENTS OF THOSE DOLLARS. THE CITIZENS OF BANGOR ACCEPTED A GREAT BURDEN TO THEIR CITY WHEN THEY VOTED TO HAVE N.U.D. TAKE OVER CAPEHART HOMES, INSTEAD OF ALLOWING " PRIVATE ENTERPRISE TO PURCHASE THE PROPERTY. FORTUNATELY WE HAVE BEEN BLESSED WITH SEVERAL SHOPPING CENTERS AND SOME INDUSTRIAL DEVELOPMENT, AND YES, SOME RESIDENTIAL DEVELOPMENT TO HELP CARRY THIS MOSTLY NON -TAX PAYING PUBLIC HOUSING COMPLEX. WE NEED TO CONTINUE PRIVATE DEVELOPMENT TO FURTHER MINIMIZE THE EFFECT OF THIS COSTLY MISTAKE. GENTLEMEN, I, HOPE YOU CAN COME TO SOME DECISION HERE TODAY. I AM A SELF-EMPLOYED PERSON. MY PROPERTY TAX INCREASED RG% LAST YEAR --PURE HOME ECONOMICS TELLS ME I MUST GET THIS. BEHIND ME AND BACK TO WORK.